Amending Code by Inclusion of New Article 12 Addressing Residential Composting Regulations

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Residential Composting Regulations Ordinance Page 4 Sec. 14 -120. Maintenance Required. Compost materials shall be layered aerated moistened turned and managed to Promote effective decomposition of the materials in a safe secure and sanitary manner. Compost materials shall be covered with a laver of material such as leaves straw, wood chins or finished compost to reduce odors. All compost containers shall be maintained so that they are in compliance with Section 14 118. Sec. 14 -121 Educational Materials and Postings. The City of South Bend shall prominently post on their official municipal website educational information on composting. Additional information may also be made available through the Department of Code Enforcement and other City offices .6 Sec. 14 -121. Penalties for Non - Compliance. (a) Any Person violating any of the regulations set forth in this Article shall be subject to a fine of twenty -five dollars ($25.00) for a first offense; fifty dollars 650.00) for a second offense; and not less than two hundred fifty dollars ($250.00) for all subsequent violations Each day shall constitute a distinct and separate offense All such fines shall be paid to the Ordinance Violations Bureau. (b) The Department of Code Enforcement shall be charged with enforcing the provisions of this Article and shall have the additional authority to abate any nuisance created and caused by the violation of this Article consistent with the Provisions in Chapter 16 Article 8 of the South Bend Municipal Code entitled Nuisances; Penalty. Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section I11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, an legal publication. JL Valerie Schey, 3rd District Coun it ember publication written by Jason P. deKoff, Brad D. Lee, and Michael V. Mickelbart entitled "Household Composting: Methods and Uses for Compost', November 2007, copies of which is on file in the Office of the City Clerk. a The Indiana Department of Environmental Management (IDEM) published a'Backyard Composting Fact Sheet' which may be accessed at htti)://www.rccVcle.IN.eov/.